Bill Text: VA HB2377 | 2011 | Regular Session | Introduced
Bill Title: Medical malpractice; privileged communications of certain committees.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-01-31 - House: Incorporated by Courts of Justice (HB2373-Peace) by voice vote [HB2377 Detail]
Download: Virginia-2011-HB2377-Introduced.html
11102177D Be it enacted by the General Assembly of Virginia: 1. That §8.01-581.17 of the Code of Virginia is amended and reenacted as follows: §8.01-581.17. Privileged communications of certain committees and entities. A. For the purposes of this section: "Centralized credentialing service" means (i) gathering information relating to applications for professional staff privileges at any public or licensed private hospital or for participation as a provider in any health maintenance organization, preferred provider organization or any similar organization and (ii) providing such information to those hospitals and organizations that utilize the service. "Patient safety data" means reports made to patient safety organizations together with all health care data, interviews, memoranda, analyses, root cause analyses, products of quality assurance or quality improvement processes, corrective action plans or information collected or created by a health care provider as a result of an occurrence related to the provision of health care services. "Patient safety organization" means any organization, group, or other entity that collects and analyzes patient safety data for the purpose of improving patient safety and health care outcomes and that is independent and not under the control of the entity that reports patient safety data. B. The proceedings, minutes, records, and reports of any (i)
medical staff committee, utilization review committee, or other committee,
board, group, commission or other entity as specified in §8.01-581.16; (ii)
nonprofit entity that provides a centralized credentialing service; or (iii)
quality assurance, quality of care, or peer review committee established
pursuant to guidelines approved or adopted by (a) a national or state physician
peer review entity, (b) a national or state physician accreditation entity, (c)
a national professional association of health care providers or Virginia
chapter of a national professional association of health care providers, (d) a
licensee of a managed care health insurance plan (MCHIP) as defined in §
38.2-5800, (e) the Office of Emergency Medical Services or any regional
emergency medical services council, or (f) a statewide or local association
representing health care providers licensed in the Commonwealth, together with
all communications, both oral and written, originating in C. Nothing in this section shall be construed as providing any privilege to health care provider, emergency medical services agency, community services board, or behavioral health authority medical records kept with respect to any patient in the ordinary course of business of operating a hospital, emergency medical services agency, community services board, or behavioral health authority nor to any facts or information contained in such records nor shall this section preclude or affect discovery of or production of evidence relating to hospitalization or treatment of any patient in the ordinary course of hospitalization of such patient. Policies and procedures shall not be privileged and may be admissible in civil, criminal, or administrative proceedings. D. Notwithstanding any other provision of this section, reports or patient safety data in possession of a patient safety organization, together with the identity of the reporter and all related correspondence, documentation, analysis, results or recommendations, shall be privileged and confidential and shall not be subject to a civil, criminal, or administrative subpoena or admitted as evidence in any civil, criminal, or administrative proceeding. Nothing in this subsection shall affect the discoverability or admissibility of facts, information or records referenced in subsection C as related to patient care from a source other than a patient safety organization. Any reports of patient safety data shall be discoverable if such reports are in fact made available or are required to be made available to health regulatory boards or other agencies as required by state or federal law. E. Any patient safety organization shall promptly remove all patient-identifying information after receipt of a complete patient safety data report unless such organization is otherwise permitted by state or federal law to maintain such information. Patient safety organizations shall maintain the confidentiality of all patient-identifying information and shall not disseminate such information except as permitted by state or federal law. F. Exchange of (i) patient safety data among health care providers or patient safety organizations that does not identify any patient or (ii) information privileged pursuant to subsection B between committees, boards, groups, commissions, or other entities specified in §8.01-581.16 shall not constitute a waiver of any privilege established in this section. G. Reports of patient safety data to patient safety organizations shall not abrogate obligations to make reports to health regulatory boards or other agencies as required by state or federal law. H. No employer shall take retaliatory action against an employee who in good faith makes a report of patient safety data to a patient safety organization. I. Reports produced solely for purposes of self-assessment of compliance with requirements or standards of the Joint Commission on Accreditation of Healthcare Organizations shall be privileged and confidential and shall not be subject to subpoena or admitted as evidence in a civil or administrative proceeding. Nothing in this subsection shall affect the discoverability or admissibility of facts, information, or records referenced in subsection C as related to patient care from a source other than such accreditation body. A health care provider's release of such reports to such accreditation body shall not constitute a waiver of any privilege provided under this section. |